Regional Director vs Madhav Pottery Works Company

Gujarat High Court

Regional Director vs Madhav Pottery Works Company on 30 July, 2025

                                                                                                                     NEUTRAL CITATION




                            C/FA/477/2006                                          JUDGMENT DATED: 30/07/2025

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                                   IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                                                R/FIRST APPEAL NO. 477 of 2006


                      FOR APPROVAL AND SIGNATURE:


                      HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK
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                                  Approved for Reporting                           Yes           No

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                                                  REGIONAL DIRECTOR
                                                        Versus
                                            MADHAV POTTERY WORKS COMPANY
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                      Appearance:
                      MR HEMANT S SHAH(756) for the Appellant(s) No. 1
                      MR HR PRAJAPATI(674) for the Defendant(s) No. 1
                      ================================================================

                         CORAM:HONOURABLE MR. JUSTICE HEMANT M.
                               PRACHCHHAK

                                                           Date : 30/07/2025

                                                          ORAL JUDGMENT

1. Present appeal is filed by the appellant - Employees State Insurance Corporation against the judgment and award dated 20.06.2005 passed by the learned Employees' State Insurance Court, Rajkot (hereinafter referred to as "the ESI Court") in E.S.I. Application No. 93 of 1987 (Old No. 22 of 1977), whereby the learned Judge has allowed the application filed by the respondent herein and dismissed the notice issued by the appellant Corporation.

NEUTRAL CITATION C/FA/477/2006 JUDGMENT DATED: 30/07/2025 undefined

2. Heard Mr. Hemant Shah, learned advocate for the appellant and Mr. H.R. Prajapati, learned counsel for the respondent and I have also perused the original record and proceedings.

3. Though various grounds have been raised in the memo of appeal, the fact remains that the total amount involved in the appeal is only Rs.8,465.75ps. Considering the smallness of amount, this Court deems it fit not to exercise jurisdiction under Section 82(2) of the Employees' State Insurance Act, 1948. Accordingly, without entering into the merits of the matter only on the ground of smallness of amount with a further clarification that this may not be considered as precedent in other matters, the appeal is dismissed. However, there shall be no order as to costs.

4. Record and proceedings, if any, be sent back to the concerned Court forthwith.

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